IC 4-33-14
Chapter 14. Minority and Women's Business Participation
IC 4-33-14-1 Legislative declaration
Sec. 1. The general assembly declares that the opportunity for full
minority and women's business enterprise participation in the
riverboat industry is essential if social and economic parity is to be
obtained by minority and women business persons and if the
economies of the riverboat cities are to be stimulated as
contemplated by this article. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14-2 "Minority" defined
Sec. 2. As used in this chapter, "minority" means a member of a
minority group as defined in IC 4-13-16.5-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.9.
IC 4-33-14-3 "Minority business enterprise" defined
Sec. 3. As used in this chapter, "minority business enterprise" has
the meaning set forth in IC 4-13-16.5-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.10.
IC 4-33-14-4 "Women's business enterprise" defined
Sec. 4. As used in this chapter, "women's business enterprise" has
the meaning set forth in IC 4-13-16.5-1.3. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.11.
IC 4-33-14-5 Goods and services; contracts awarded to minority and women's
business enterprises
Sec. 5. (a) As used in this section, "goods and services" does not
include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of
an operating agent or the person holding an owner's license,
other than fees and payments for goods and services supplied by
nonaffiliated persons through an affiliated company for the use
or benefit of the operating agent or the person holding the
owner's license.
(5) Rents paid for real property or payments constituting the
price of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the
commission shall establish annual goals for an operating agent or a
person issued an owner's license:
(1) for the use of minority and women's business enterprises;
and
(2) derived from a statistical analysis of utilization study of
licensee and operating agent contracts for goods and services
that are required to be updated every five (5) years.
(c) An operating agent or a person holding an owner's license
shall submit annually to the commission a report that includes the
following information:
(1) The total dollar value of contracts awarded for goods or
services and the percentage awarded to minority and women's
business enterprises.
(2) The following information relating to each minority
business enterprise or women's business enterprise awarded a
contract for goods or services:
(A) The name.
(B) The address.
(C) The total dollar amount of the contract.
A record containing information described in this subsection is not
exempt from the disclosure requirements of IC 5-14-3-3 under
IC 5-14-3-4.
(d) An operating agent or a person holding an owner's license
shall make a good faith effort to meet the requirements of this section
and shall annually demonstrate to the commission that an effort was
made to meet the requirements.
(e) An operating agent or a person holding an owner's license may
fulfill not more than seventy percent (70%) of an obligation under
this chapter by requiring a vendor to set aside a part of a contract for
minority or women's business enterprises. Upon request, the licensee
or operating agent shall provide the commission with proof of the
amount of the set aside. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.12; P.L.92-2003, SEC.56; P.L.84-2004, SEC.6.
IC 4-33-14-6 Enforcement
Sec. 6. If the commission determines that the provisions of this
chapter relating to expenditures and assignments to minority and
women's business enterprises have not been met, the commission
may suspend, limit, or revoke the owner's license or operating agent's
gaming operations, or may fine or impose appropriate conditions on
the licensee or operating agent to ensure that the goals for
expenditures and assignments to minority and women's business
enterprises are met. However, if a determination is made that a
person holding an owner's license or an operating agent has failed to
demonstrate compliance with this chapter, the person has ninety (90)
days from the date of the determination of noncompliance to comply.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.57.
IC 4-33-14-7 Certification standards
Sec. 7. The commission shall use the certifications made under
IC 4-13-16.5 for minority and women's business enterprises that do
business with riverboat operations on contracts for goods and
services or contracts for business. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.84-2004,
SEC.7.
IC 4-33-14-8 List of certified enterprises
Sec. 8. The commission shall supply persons holding owner's
licenses and the operating agent with a list of the certified minority
and women's business enterprises. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.58; P.L.84-2004, SEC.8.
IC 4-33-14-9 City residents; preferential hiring
Sec. 9. (a) This section applies to a person holding an owner's
licenses for riverboats operated from a city described under
IC 4-33-6-1(a)(1) through IC 4-33-6-1(a)(3).
(b) The commission shall require persons holding owner's licenses
to adopt policies concerning the preferential hiring of residents of the
city in which the riverboat docks for riverboat jobs. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14-10 Rules
Sec. 10. The commission shall adopt other rules necessary to
interpret and implement this chapter. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14
Chapter 14. Minority and Women's Business Participation
IC 4-33-14-1 Legislative declaration
Sec. 1. The general assembly declares that the opportunity for full
minority and women's business enterprise participation in the
riverboat industry is essential if social and economic parity is to be
obtained by minority and women business persons and if the
economies of the riverboat cities are to be stimulated as
contemplated by this article. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14-2 "Minority" defined
Sec. 2. As used in this chapter, "minority" means a member of a
minority group as defined in IC 4-13-16.5-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.9.
IC 4-33-14-3 "Minority business enterprise" defined
Sec. 3. As used in this chapter, "minority business enterprise" has
the meaning set forth in IC 4-13-16.5-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.10.
IC 4-33-14-4 "Women's business enterprise" defined
Sec. 4. As used in this chapter, "women's business enterprise" has
the meaning set forth in IC 4-13-16.5-1.3. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.11.
IC 4-33-14-5 Goods and services; contracts awarded to minority and women's
business enterprises
Sec. 5. (a) As used in this section, "goods and services" does not
include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of
an operating agent or the person holding an owner's license,
other than fees and payments for goods and services supplied by
nonaffiliated persons through an affiliated company for the use
or benefit of the operating agent or the person holding the
owner's license.
(5) Rents paid for real property or payments constituting the
price of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the
commission shall establish annual goals for an operating agent or a
person issued an owner's license:
(1) for the use of minority and women's business enterprises;
and
(2) derived from a statistical analysis of utilization study of
licensee and operating agent contracts for goods and services
that are required to be updated every five (5) years.
(c) An operating agent or a person holding an owner's license
shall submit annually to the commission a report that includes the
following information:
(1) The total dollar value of contracts awarded for goods or
services and the percentage awarded to minority and women's
business enterprises.
(2) The following information relating to each minority
business enterprise or women's business enterprise awarded a
contract for goods or services:
(A) The name.
(B) The address.
(C) The total dollar amount of the contract.
A record containing information described in this subsection is not
exempt from the disclosure requirements of IC 5-14-3-3 under
IC 5-14-3-4.
(d) An operating agent or a person holding an owner's license
shall make a good faith effort to meet the requirements of this section
and shall annually demonstrate to the commission that an effort was
made to meet the requirements.
(e) An operating agent or a person holding an owner's license may
fulfill not more than seventy percent (70%) of an obligation under
this chapter by requiring a vendor to set aside a part of a contract for
minority or women's business enterprises. Upon request, the licensee
or operating agent shall provide the commission with proof of the
amount of the set aside. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.12; P.L.92-2003, SEC.56; P.L.84-2004, SEC.6.
IC 4-33-14-6 Enforcement
Sec. 6. If the commission determines that the provisions of this
chapter relating to expenditures and assignments to minority and
women's business enterprises have not been met, the commission
may suspend, limit, or revoke the owner's license or operating agent's
gaming operations, or may fine or impose appropriate conditions on
the licensee or operating agent to ensure that the goals for
expenditures and assignments to minority and women's business
enterprises are met. However, if a determination is made that a
person holding an owner's license or an operating agent has failed to
demonstrate compliance with this chapter, the person has ninety (90)
days from the date of the determination of noncompliance to comply.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.57.
IC 4-33-14-7 Certification standards
Sec. 7. The commission shall use the certifications made under
IC 4-13-16.5 for minority and women's business enterprises that do
business with riverboat operations on contracts for goods and
services or contracts for business. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.84-2004,
SEC.7.
IC 4-33-14-8 List of certified enterprises
Sec. 8. The commission shall supply persons holding owner's
licenses and the operating agent with a list of the certified minority
and women's business enterprises. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.58; P.L.84-2004, SEC.8.
IC 4-33-14-9 City residents; preferential hiring
Sec. 9. (a) This section applies to a person holding an owner's
licenses for riverboats operated from a city described under
IC 4-33-6-1(a)(1) through IC 4-33-6-1(a)(3).
(b) The commission shall require persons holding owner's licenses
to adopt policies concerning the preferential hiring of residents of the
city in which the riverboat docks for riverboat jobs. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14-10 Rules
Sec. 10. The commission shall adopt other rules necessary to
interpret and implement this chapter. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14
Chapter 14. Minority and Women's Business Participation
IC 4-33-14-1 Legislative declaration
Sec. 1. The general assembly declares that the opportunity for full
minority and women's business enterprise participation in the
riverboat industry is essential if social and economic parity is to be
obtained by minority and women business persons and if the
economies of the riverboat cities are to be stimulated as
contemplated by this article. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14-2 "Minority" defined
Sec. 2. As used in this chapter, "minority" means a member of a
minority group as defined in IC 4-13-16.5-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.9.
IC 4-33-14-3 "Minority business enterprise" defined
Sec. 3. As used in this chapter, "minority business enterprise" has
the meaning set forth in IC 4-13-16.5-1. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.10.
IC 4-33-14-4 "Women's business enterprise" defined
Sec. 4. As used in this chapter, "women's business enterprise" has
the meaning set forth in IC 4-13-16.5-1.3. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.11.
IC 4-33-14-5 Goods and services; contracts awarded to minority and women's
business enterprises
Sec. 5. (a) As used in this section, "goods and services" does not
include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of
an operating agent or the person holding an owner's license,
other than fees and payments for goods and services supplied by
nonaffiliated persons through an affiliated company for the use
or benefit of the operating agent or the person holding the
owner's license.
(5) Rents paid for real property or payments constituting the
price of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, the
commission shall establish annual goals for an operating agent or a
person issued an owner's license:
(1) for the use of minority and women's business enterprises;
and
(2) derived from a statistical analysis of utilization study of
licensee and operating agent contracts for goods and services
that are required to be updated every five (5) years.
(c) An operating agent or a person holding an owner's license
shall submit annually to the commission a report that includes the
following information:
(1) The total dollar value of contracts awarded for goods or
services and the percentage awarded to minority and women's
business enterprises.
(2) The following information relating to each minority
business enterprise or women's business enterprise awarded a
contract for goods or services:
(A) The name.
(B) The address.
(C) The total dollar amount of the contract.
A record containing information described in this subsection is not
exempt from the disclosure requirements of IC 5-14-3-3 under
IC 5-14-3-4.
(d) An operating agent or a person holding an owner's license
shall make a good faith effort to meet the requirements of this section
and shall annually demonstrate to the commission that an effort was
made to meet the requirements.
(e) An operating agent or a person holding an owner's license may
fulfill not more than seventy percent (70%) of an obligation under
this chapter by requiring a vendor to set aside a part of a contract for
minority or women's business enterprises. Upon request, the licensee
or operating agent shall provide the commission with proof of the
amount of the set aside. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.195-2001,
SEC.12; P.L.92-2003, SEC.56; P.L.84-2004, SEC.6.
IC 4-33-14-6 Enforcement
Sec. 6. If the commission determines that the provisions of this
chapter relating to expenditures and assignments to minority and
women's business enterprises have not been met, the commission
may suspend, limit, or revoke the owner's license or operating agent's
gaming operations, or may fine or impose appropriate conditions on
the licensee or operating agent to ensure that the goals for
expenditures and assignments to minority and women's business
enterprises are met. However, if a determination is made that a
person holding an owner's license or an operating agent has failed to
demonstrate compliance with this chapter, the person has ninety (90)
days from the date of the determination of noncompliance to comply.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.57.
IC 4-33-14-7 Certification standards
Sec. 7. The commission shall use the certifications made under
IC 4-13-16.5 for minority and women's business enterprises that do
business with riverboat operations on contracts for goods and
services or contracts for business. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.84-2004,
SEC.7.
IC 4-33-14-8 List of certified enterprises
Sec. 8. The commission shall supply persons holding owner's
licenses and the operating agent with a list of the certified minority
and women's business enterprises. As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.58; P.L.84-2004, SEC.8.
IC 4-33-14-9 City residents; preferential hiring
Sec. 9. (a) This section applies to a person holding an owner's
licenses for riverboats operated from a city described under
IC 4-33-6-1(a)(1) through IC 4-33-6-1(a)(3).
(b) The commission shall require persons holding owner's licenses
to adopt policies concerning the preferential hiring of residents of the
city in which the riverboat docks for riverboat jobs. As added by P.L.277-1993(ss), SEC.124.
IC 4-33-14-10 Rules
Sec. 10. The commission shall adopt other rules necessary to
interpret and implement this chapter. As added by P.L.277-1993(ss), SEC.124.
